Centre tells states to adhere to SC guidelines on internet shutdowns

The Centre informed the Supreme Court on Tuesday that it had written to state chief secretaries to follow the law laid down by the apex court on the issue of internet shutdowns.

A bench of Justices Vikram Nath and P B Varale was informed by the Centre about the top court’s judgement on internet shutdowns in Anuradha Bhasin’s case.

In Anuradha Bhasin v. Union of India, the apex court ruled that an undefined restriction of internet services was illegal and orders for internet shutdown must satisfy the tests of necessity and proportionality.

On Tuesday, the petition before the bench alleged the shutting down of internet services in some states to prevent cheating in examinations.

Follow the law
“We have issued specific letters to chief secretaries that there is a judgement in the Anuradha Bhasin case that lays down the law, please follow that law. Please ensure that it is not used outside the legislative parameters that have been provided,” said the counsel representing the Centre.

The lawyer said the Centre had filed its counter affidavit in the matter.

Advocate Vrinda Grover, appearing for the petitioner, said it was very interesting that internet shutdowns were being imposed by different states to prevent cheating.

“There are multiple other ways in which cheating can be prevented,” she said. “Such internet shutdowns affect economic activity in digital India.” Grover submitted the Anuradha Bhasin judgment clearly stipulated the constitutionally permissible areas where internet shutdown could be imposed.

The Centre’s counsel said solicitor general Tushar Mehta would be appearing on behalf of the government.

The bench posted the hearing on January 29, saying the parties could file additional documents and affidavits in the meantime.

While hearing the plea on September 9, 2022, the apex court issued notice to the Ministry of Communications and asked it to file an affidavit indicating whether there was any standard protocol with respect to the grievance raised by the petitioner and, if yes, to what extent, and how the protocol was adhered to and implemented. PTI